A.
Statutory authority. Pursuant to the authority conferred by Article 16 of the Town Law of the State of New York and the Municipal Home Rule Law of the State of New York, the Town Board of the Town of Wales, County of Erie and State of New York, has ordained and does hereby enact this chapter regulating and restricting the location, size and use of telecommunications facilities and their accessory structures in the Town of Wales.
B.
Legislative intent. The Town of Wales recognizes the increased demand for wireless communications transmitting facilities and the need for the services they provide. Often, these facilities require the construction of a communications tower and/or similar facilities. The intent of this chapter is to regulate the location, construction and modification of the telecommunications facilities in accordance with the guidelines of the Telecommunications Act of 1996 and other applicable laws by:
(1)
Accommodating the need for telecommunications towers/antennas while regulating their location and number in the community.
(2)
Minimizing adverse visual impacts of these towers/antennas through proper siting, design and screening.
(3)
Preserving and enhancing the positive aesthetic qualities of the natural environment and current development in the Town of Wales.
(4)
Providing for the health, safety and welfare of the community by avoiding potential damage or other negative impact to adjacent properties from power failure, falling ice, etc., through proper siting and engineering.
(5)
Requiring the joint use of towers when available and encouraging the placement of antennas on existing structures to minimize the number of such structures in the future.